TAP Number: BPSO-2006-004
July 2006
Technical Assistance Paper
Florida Department of Education
Technical Assistance Paper
Related to the Written Contractual Agreement Between
School Districts and State-Approved SES Providers
Purpose
The purpose of this document is to provide a tool and guidance for Florida’s school districts in
preparing and executing a written agreement between the district and the state approved
provider to ensure compliance with No Child Left Behind (NCLB) Section 1116(e)(3) related to
supplemental educational services (SES) programs.
An effort has been made to identify those components of a contract for which school district
personnel and SES providers have responsibility and to provide information and suggestions for
incorporating those components as required by NCLB and Florida Statutes. This document is
intended as a model only and is not to be used as the agreement. No party should rely
exclusively on this paper for legal guidance regarding the contract or contracting process, but
should have all written terms and the form of any proposed contract reviewed by its own attorney
prior to finalizing the contract.
Background
The No Child Left Behind (NCLB) Act amended the Elementary and Secondary Education Act of
1965 in ways to strengthen parent involvement and choice in education. The most critical
amendments focus attention and resources on improving low-performing schools and providing
access for all students to high quality education. Under NCLB, low-achieving, disadvantaged
students attending Title I schools that do not make adequate yearly progress (AYP) for three or
more consecutive years are eligible to receive SES.
NCLB provides low-income parents an opportunity to access free tutoring services to expand
options for their children who are struggling in school. These services provide students with
extra help in academic subjects such as reading, language arts, and mathematics.
A student is generally eligible for SES if he or she is eligible for free or reduced-price lunch and
attends a Title I school identified by the state as not making AYP for three or more consecutive
years. Eligible families choose an SES provider from a list developed by the state, and school
districts pay for the tutoring services from funds reserved for this purpose.
TECHNICAL ASSISTANCE PAPERS (TAPs) are produced periodically by the
Bureau of Public School Options to present discussion of current topics. The
TAPs may be used for inservice sessions, technical assistance visits, parent
organization meetings, or interdisciplinary discussion groups. Topics are
identified by state steering committees, district personnel, and individuals, or
from program compliance monitoring.
BUREAU OF PUBLIC SCHOOL OPTIONS
325 WEST GAINES STREET, ROOM 314
TALLAHASSEE, FL 32399-0400
REFER QUESTIONS TO:
Mary Jo Butler
maryjo.butler@fldoe.org
(850) 245-0479
John L. Winn, Commissioner
Implementing the school choice provisions of NCLB involves the state, school districts, schools,
parents, and providers. The state must develop and apply objective criteria to create an approved
list of SES providers, must update the list on an annual basis, and must provide the list of the
approved providers to school districts.
School districts are required to coordinate the provision of SES and must provide parents with
information regarding the availability of SES; the identity of approved service providers; and at a
minimum, a brief description of the services, qualifications, and demonstrated effectiveness of
each provider.
NCLB defines SES as tutoring or other additional education services that provide academic
assistance to students outside the regular school day. These services must be high quality,
research based, and specifically designed to increase the academic achievement of eligible
children. Entities eligible to provide SES may include:
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community agencies
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school districts
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public, private, and charter schools
•
after school programs
•
community colleges
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private companies
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online schools
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faith based organizations
Legislative Requirements
According to Section 1116 of NCLB, a school district must identify for school improvement any
elementary or secondary school receiving Title I funds that fails to meet AYP for two consecutive
years. In the case of a school identified for school improvement under this section, the school
district, no later than the first day of the school year following such identification, must provide all
students enrolled in the school with the option to transfer to another public school in the district,
which may include a public charter school, that has not been identified for school improvement.
If a Title I school identified as in need of improvement does not make AYP for the third
consecutive year, the school district must continue to provide all students enrolled in the school
with the option to transfer to another public school in the district and must offer parents of all
eligible students an option to choose for their child to participate in supplemental educational
services. In addition, schools identified in corrective action (fourth consecutive year of failure to
make AYP) or restructuring (fifth consecutive year of failure to make AYP) status must also
continue offering parents the option to choose SES for their child.
Each school district must provide annual notice to parents of the availability of SES; the identity of
approved providers within the school district; and a brief description of the services, qualifications,
and demonstrated effectiveness of each provider. The district must enter into an agreement with
each provider chosen by their parents that:
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requires the district to develop, in consultation with the parents and the provider, a plan
that includes the specific achievement goals for the student, how the student’s progress
will be measured, and a timetable for improving the student’s achievement;
•
describes how the provider will regularly inform the student’s parents and teachers
regarding the student’s progress;
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•
provides for terminating such agreement if the provider is unable to meet the goals and
timetables;
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contains provisions relating to the district making payments to the providers; and
•
prohibits the provider from disclosing to the public the identity of any student eligible for or
receiving SES without written permission of the parents.
School District Responsibilities
School districts have numerous responsibilities to properly administer the provision of
supplemental services. In addition to NCLB requirements as of June 2006, Florida law also
requires that districts provide a “streamlined” process for parents to receive information and select
an approved service provider.
Each school district must determine which students in the Title I schools identified as in need of
improvement are eligible for SES. Supplemental educational services are available to low-income
students in kindergarten through twelfth grade in those schools – generally, those students
eligible for free or reduced-price lunch. The district must notify families at least once a year that
their children are eligible to receive SES and must help the parents make an informed selection
by providing families with information regarding SES providers that are available locally.. If
parents’ requests for SES exceed the available funds, districts must give priority to the lowest-
achieving eligible students.
Once a parent chooses a provider, the district must contract with the provider and pay for the
tutoring services from Title I funds, or other funds, reserved for this purpose. In addition, the
parent, district, and provider must develop and identify specific academic achievement goals for
the student, measures of student progress, and a timetable for improving achievement. This
Parent District Provider Agreement (PDPA) should drive the academic services, monitor a
student’s progress, and provide the plan for evaluating the effectiveness of the services.
The school district must pay for the provision of SES for all students in kindergarten through
twelfth grade whose parents choose for their child to receive SES, and hold open student
enrollment for supplemental educational services unless or until it has obtained a written election
from parents to receive or reject services. The district must spend an amount equal to 20 percent
of its Title I funds for school choice – in an amount equal to five percent of its allocation to provide
or pay for choice with transportation; an amount equal to five percent of its allocation to provide
supplemental educational services; and an amount equal to the remaining ten percent of its
allocation for choice with transportation, supplemental educational services, or both, as
determined by the school district. If sufficient funds are not available to provide state-approved
SES to all interested and eligible students whose parents request services, districts must give
priority to the lowest performing students. Districts must prioritize on the basis of the academic
achievement of individual students rather than the specific Title I school which the students
attend.
The school district must continue providing SES to children receiving these services pursuant to
these requirements until the end of the school year or until the district’s per-pupil allocation is
fulfilled.
Provider Responsibilities
A state-approved provider is responsible for meeting the terms of its agreement with the school
district, including:
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•
enabling the student to attain his or her specific achievement goals as established by the
school district, in consultation with the student’s parents and the provider;
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measuring the student’s progress and regularly informing the student’s parents and
teachers of that progress;
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instructing with a tutor/student ratio of no more than 1:10;
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adhering to the timetable for improving the student’s achievement that is developed by the
school district in consultation with the student’s parents and the provider;
•
ensuring that it does not disclose to the public the identify of any student eligible for or
receiving supplemental educational services without the written consent of the student’s
parents;
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providing supplemental educational services consistent with applicable health, safety, and
civil rights laws; and
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providing supplemental educational services that are secular, neutral, and nonideological.
The provider must ensure that the instruction and content used by the provider are consistent with
the instruction used by the school district and aligned with the Sunshine State Standards. The
curriculum and instruction must be designed to help students attain proficiency in meeting the
state’s academic achievement standards.
Essential Components of the Written Contract
Between the School District and SES Providers
NCLB requires each school district to enter into an agreement or contract with each state-
approved provider that parents select. The agreement must include all of the essential
components identified in NCLB as follows:
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development and implementation of the Parent District Provider Agreement (PDPA) that
includes specific student achievement goals, how each student’s progress will be
measured, timetable for improving achievements, and for students with disabilities,
consistency with individualized education program;
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description of how the provider will regularly inform each student’s parents and teachers of
student’s progress;
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provisions for termination of agreement if provider is unable to meet goals and timetables;
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provisions for payments to the provider by the district; and
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prohibitions for provider from disclosing any student identifiable information.
Contracts should include, at a minimum, the required components listed above and may include
additional components provided below. All PDPAs must have the signatures of the parents who
selected the provider, a representative of the provider, and a district representative.
General Provisions or Terms of Agreement
Include in this section the following:
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the date the contract takes effect and how long it is in effect;
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notice provision outlining the process by which either party may cancel the contract;
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mutually agreed-upon procedures for implementing the contract ;
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renegotiation and notification process;
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indemnification clause, if applicable, to detail each party’s responsibility for acts of
negligence; and
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authority (Example: Each party signing this contract on behalf of either party individually
warrants that he or she has full legal power to execute the contract on behalf of the party
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for whom he or she is signing and to bind and obligate such party with respect to all
provisions contained in the contract).
Definitions
Define any necessary terms that are included in the contract, such as:
•
Eligible Students –
Students are eligible to receive supplemental educational services if
they are eligible for free or reduced price lunch and the school in which they are enrolled
has been identified as in need of improvement for three or more consecutive years
according to NCLB.
•
PDPA – Parent District Provider Agreement - NCLB requires each school district to enter
into an agreement with the state-approved provider selected by a parent. This agreement
is recognized in Florida as the PDPA and must be developed in consultation with the
student’s parents and the provider. The plan must include a statement of specific
achievement goals for the student, how the student’s progress will be measured, and a
timetable for improving achievement that, in the case of a student with disabilities, is
consistent with the student’s IEP under IDEA or the student’s section 504 plan. The PDPA
must also describe how the student’s parents and teacher will be regularly informed of the
student’s progress.
•
Parents/Guardianship – For the purpose of this contract, a parent is the natural or adoptive
parent, legal guardian, or surrogate parent as indicated by the judicial system.
District Responsibilities
Outline in this section the obligations of the school district relating to the implementation of NCLB
school choice and supplemental educational services.
The district, at a minimum, must do the following:
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Annually notify parents of all eligible students of the opportunity to obtain supplemental
educational services.
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Provide parents with a list of providers approved by the state to serve students in the
school district with a brief description of the services of each provider.
•
Assist parents, if requested, in obtaining additional information regarding the state-
approved providers available to serve their children.
•
Provide each provider approved by the state to serve students in the district with students’
names, school, address, and telephone number of record and allow the providers to
contact the students’ parents to schedule a meeting to discuss or conduct an assessment
and develop the PDPA once parents have selected providers and after the contract
between the district and the provider has been signed. The district will only provide
students information of those students whose parents signed consent forms allowing the
district to share the information with providers.
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Terminate the contract if the provider fails to meet the goals and timelines required.
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Agree to pay the provider for supplemental educational services. Services beyond the
supplemental educational services consistent with the state-approved application,
including assessing students, assistance with homework, supervision of students,
transportation, and development of the PDPA are the responsibility of the provider.
•
Prioritize students if it is determined that current funds are insufficient to serve all eligible
students whose parents requested the services. The district must develop a process to
prioritize the provision of supplemental educational services to the lowest-achieving
students.
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Provider Responsibilities
Outline the responsibilities of the provider for implementing supplemental educational services.
For example, providers must do the following:
•
Deliver services consistent with the state-approved application. Districts may want to
attach a copy of the approved application to the contract for review and monitoring
purposes.
•
Be able to provide services to eligible students no later than October 15 of each school
year contingent upon their receipt of their district-approved student enrollment lists at least
20 days prior to the start date. In the event that the contract with a state-approved
provider is signed less than 20 days prior to October 15, the provider shall be afforded no
less than 20 days from the date the contract was executed to begin delivering services.
•
Ensure that all tutorial staff meet the minimum qualifications for Title I paraprofessionals
pursuant to the Department’s Request for Application for 2006-2007 (earned secondary
school diploma and have two years of college equivalent to 60 semester hours, or an
Associate’s Degree, or have passed a local paraprofessional academic assessment)
•
Ensure that the supplemental educational services comply with all federal and state laws
and regulations and with school board policy related to health, safety, and civil rights,
including but not limited to the Americans with Disabilities Act, Section 504 of the
Rehabilitation Act, and Individuals with Disabilities Act (IDEA).
•
Develop, in consultation with the school district and parents who selected the provider, a
PDPA that includes specific student achievement goals, how each student’s progress will
be measured, timetable for improving achievement, and for students with disabilities, a
plan that is consistent with the student’s individualized education program.
•
Continue to provide supplemental educational services to eligible students until the district
funded per-pupil allocation amount, as determined by the Florida Department of
Education, is expended, or until the district identifies an ending date.
•
Provide a description of how the provider will regularly inform each student’s parents and
the student’s teacher(s) regarding the progress of the student in improving academic
achievement as outlined in the PDPA.
•
Provide the district with a list of materials to be used by the tutors prior to the start of
tutoring.
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Track and report students’ attendance and implement interventions for students who are
habitually absent.
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Agree to not disclose to the public the identity of any student eligible for or receiving
supplemental educational services without the written permission of the parent of such
student.
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Include in their stated rate per student, any expenses incurred in the provision of SES.
The rate submitted in the application must be used in all school districts in which the
applicant is approved to serve.
•
Include a detailed budget for all expenses in the contract between the school board and
the provider and reflect the rate submitted with their application.
Staffing
The provider must have the capacity and resources to provide SES services to students. You
may wish to incorporate the process the provider will use for determining those instructors who
are qualified to effectively work with students who are performing below grade level, such as
recruiting, hiring and training. Provisions should be included that reflect the procedures that will be
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used to maintain, monitor, and notify the school district regarding personnel updates related to
any staff changes.
Fingerprint/Background Check
Outline the local school district’s requirements and procedures for fingerprinting and background
checks for the provider staff. The district may wish to include the statutory authority that requires
all employees of providers who work with students or with student information to obtain clearance
from a Level 2 background screening (Section 1012.32, Florida Statutes). This section may
include the district’s policy related to the processing and monitoring of background checks for
district employees hired by the provider and any fees charged by the district for these services. It
is important to identify who is responsible for ensuring background checks for all provider staff,
who is responsible for paying for the checks, and who is responsible for monitoring the process.
Providers are responsible for expenses incurred in the provision of SES, including employee
background checks and administrative expenses.
Insurance
Describe the district’s policy related to the liability insurance, including coverage for the providers’
employees that may be transporting students. Include the amount of the liability insurance,
personal injury protection and property damage liability, professional liability and abuse coverage,
and the amount of the deductible. Address district requirements related to naming the district as
an additional insured and a provision to provide written notice to the district prior to any
cancellation or material change to the policy.
Transportation
Describe any special terms or conditions related to transportation such as insurance, district-
provided transportation, provider-provided transportation, or provider-contracted transportation.
Accident/Incident Report
Describe any requirements for the provider to submit a written procedure for accidents or
incidences when a student suffers an injury, injured another individual, or was involved in an
activity requiring notification of law enforcement or emergency personnel.
Child Abuse Reporting
Describe the requirement for the provider to ensure that all employees, including volunteers and
substitutes, are familiar with and agree to the child abuse and/or missing children reporting
obligations and procedures under Florida law. Address any requirements for the provider to
provide training to the employees regarding the mandated reporting of child abuse or missing
children.
Conflict of Interest
Include any district policies related to provider’s partnership agreement or bylaws of a corporation
to include the list of members of the governing body of the legal entity. Include language to avoid
actual or potential conflict of interest on behalf of the provider or its employees.
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Control of Students
Describe responsibilities of the provider for the control and safety of all students beginning with
the time students arrive for services until the students are placed under the control of the
parent/guardian or other approved care giver at the end of the service. Include any requirements
related to signing in and signing out of students by person(s) responsible for the child’s care after
the tutoring session.
Marketing and Incentives
Outline any specific guidelines and restrictions regarding marketing of services, including the
duties of the local school district to provide information to parents, as well as advertising and
marketing by providers. Marketing includes sharing information related to the services, resources,
materials, or other relevant information regarding the provider. Please note that school districts
are responsible for enrolling students into the program. Florida law also now requires that districts
provide a “streamlined” process for parents to receive information regarding eligibility and
information about approved service providers. Providers must not be prohibited from marketing
their services directly to members of the community or from providing information to the public
about the availability of educational services. The district may set parameters that allow for
fairness and targeting the right audience. Address whether the provider is required to submit
marketing materials to the district for review prior to distribution.
Recently enacted state law also prohibits monetary incentives for enrolling students; however,
incentives are allowed for student performance and attendance, up to $50.00 per student per
year.
Required Documents
List any documents required by the school district and the deadline for submitting them to the
district, such as insurance certificates, partnership agreements and bylaws, invoicing,
accident/incident procedures, sign in and sign out procedures.
Schedule for Tutoring
Outline the expected timelines for providers to commence tutoring students and any
consequences for noncompliance, such as being reported to the state or reassigning students to
another provider.
District Access
Specify the district policy related to the requirements for the provider to notify the district regarding
any change in location at which it is providing services to students. Include any policies for the
provider to allow access to the district of any facilities for periodic monitoring of students’
instructional programs and review of students’ progress. Address whether district staff have
access to observe tutoring sessions, interview provider, and interview instructors.
Notice of Intent for Enrollment
Address the district policy related to parents’ rights to enroll or apply for enrollment for their
children to participate in supplemental educational services. Specify the authority for enrolling
eligible students into the SES program. Describe any prohibitions for providers to complete and
submit enrollment forms on behalf of parents.
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Parent District Provider Agreement (PDPA)
The PDPA must be developed in consultation between the school district, the parents, and the
provider and must include a process for measuring a student’s progress, as well as a timetable
that focuses on steps for improving the student’s achievement, a timeline for provision of services
and achievement of goals, and the process for informing teachers and parents regarding the
student’s progress. The agreement must be signed by all parties before services can begin. A
provision should be included in the written contract that allows for termination if the provider fails
to meet the student progress goals and timetables. Provisions governing payment for the services
and those addressing missed tutoring sessions should be outlined.
Address policy related to revising or amending a student’s PDPA. Include the provisions pursuant
to the Request for Application for 2006-2007 that prohibit the provider from directly billing the
district for conducting the assessment of students and the development of the PDPA. You may
obtain additional information related to students’ PDPAs in the Department
Technical Assistance
Paper Related to the Development, Implementation, and Evaluation of Parent District Provider
Agreements
, TAP #2006-002, dated July 2006.
Student Records
Federal and state laws protect the rights of students and their parents with respect to student
records and reports as created, maintained, and used by public educational institutions in the
state. Every student has a right of privacy with respect to the educational records kept on him or
her. Personally identifiable records or reports regarding a student and any personal information
contained therein are confidential. A state or school district may not permit the release of such
records, reports, or information without the written consent of the student’s parent.
Supplemental educational services providers must also adhere to these strict confidentiality laws
and rules pursuant to the federal and state laws and regulations.
Describe the requirements for securing all student records and preventing access by unauthorized
individuals. Include provisions related to the prohibition of sharing any student information with
third parties without prior written consent of students’ parents. Include procedures related to
monitoring and auditing by the district, as appropriate.
Address policies related to attendance, such as the following:
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responsible party if a student fails to attend
•
accurate recordkeeping
•
responsible party for withdrawing a student for lack of attendance.
Inspection and Audit
Describe district policies related to access to records or reports or other relevant information upon
request by the district and the requirements for maintaining records for a specified length of time
for audit purposes.
Supplies, Equipment, and Facilities
Outline responsibilities related to the provision of appropriate supplies, equipment, and facilities
relative to the provision of services as required by each student’s PDPA. Include all policies
related to the use of school facilities by providers and access to computers, supplies, and
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equipment on school campuses, including terms and agreements if school facilities are used.
School districts, using the same policies applied to other organizations that have access to school
sites, shall provide access to school facilities to providers that wish to use these sites for SES.
However, if many providers are approved to offer services in a school district or if other after
school programs are housed in the schools, it may not be possible for all providers to use school
buildings. Therefore, school districts should select providers to operate onsite in a manner that is
fair, transparent, and objective. Specify the requirement for providers to notify the district
regarding the location (other than school facilities) in which services will be rendered and the
requirement that all sites must be maintained in a clean and safe condition and be located in an
area that is safe and secure for students.
Invoices, Billing, and Payment
In order to streamline the process for receiving and paying invoices for services rendered, specific
requirements for payment should be included. Attention should be given to any provisions for
nonpayment or withholding payment. Outline the process for submitting invoices, including a
timeline for submitting invoices, as well as a timeline for payment to the provider. Providers are
responsible for payment of all taxes and fees resulting from payment from school districts for
services.
This portion of the contract should also state the basic requirements for information to be included
on the invoices such as name and address of student, name of parent or guardian, and name of
service provider. Include any required additional information such as the type of information
required for payment to be issued, itemized invoice, definition of services, proof of services
rendered, rate consistent with stated rate in approved application, number of hours or session,
and total amount due.
You may also wish to indicate the per pupil allocation and total allowable contact hours and any
prohibition for exceeding that amount.
Termination
This section is important to ensure that all interests are clarified and an understanding reached for
acceptable performance. The district may wish to state the process for making modifications and
or amending the contract, as well as providing notice by either party.
This section should identify all reasons and conditions for which a contract could be terminated.
Any prohibitions such as lobbying or intimidation; misrepresentation of services; discrimination
against providers, schools or students; defamation of the local school district or providers, or
exclusivity, should be clearly stated. Provisions should also be included for indemnification and
compliance with local and state laws.
Most contracts should include a statement pertaining to independent contractor status and allow
for a dispute resolution process.
Code of Ethics
Include district policy related to whether those rendering services are subject to the Florida Code
of Ethics for Educators and any consequences for noncompliance.
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Conduct of Provider Employees
Describe any policy related to conduct, dress, or behavior required by the district or provider
employees. May include requirement for provider employees to agree and adhere to the
Education Industry Association’s (EIA) Code of Professional Conduct and Business Ethics for
SES Providers.
Prohibition of Defaming the District
Specify any district policy that prohibits provider or provider’s employees from defaming the
school district and include list of venues where this is prohibited, if appropriate, such as recruiting,
presentations, etc. Include any consequences.
Prohibition of Lobbying
Include any prohibition of the use of funds provided through the contract to be used for the
purpose of lobbying.
Discrimination
Specify the federal law that prohibits any provider from discriminating on the basis of race,
religion, sex, age, handicap, or sexual orientation in employment or operation of the program.
Describe consequences for discrimination by provider or provider employees.
Indemnification
Specify all requirements related to liabilities and claims for damages or damage to any property
from any cause arising from the services contracted through the agreement. Provide provisions
for termination of the contract for noncompliance.
Subcontract and Assignment
Include any prohibitions for the contracted provider to subcontract or assign any portion of the
services covered under the contract to another party without prior written consent of the school
district.
Required Technical Assistance Meetings
Specify any mandatory meetings and mandatory attendance at provider fairs.
Compliance with Laws
Specify the requirement for the provider under the terms of the contract to comply with all
applicable federal, state, State Board of Education, and local laws, rules, and regulations relating
to the provision of supplemental educational services.
Governing Law
Specify that the terms and conditions of the agreement are governed by the laws of the state of
Florida and the local school district.
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Disputes
Describe the process and procedures by which any dispute between the district and the provider
is submitted and resolved.
Modifications and Amendments
Describe process for modifying or amending the contract after it has been signed by authorized
representatives of the district and provider.
Severability Clause
Detail language related to whether provisions are included to sever any portion of the contract if
any provisions are deemed to be unenforceable.
Contract/Agreement
Outline all documents that constituted the entire agreement or contract between the district and
provider.
Contract Management
Personnel Responsible for Contract Management
All district school boards that contract with state-approved SES providers must assign district
personnel to be responsible for the management of such contracts. Superintendents may wish to
designate a team of staff to oversee the implementation of NCLB school choice and supplemental
educational services. Generally, the district Title I coordinator or SES coordinator will take the
lead. Curriculum coordinators and ESE specialists may possess expertise in unique areas and
may be able to assist in the implementation of the contract between the district and a state-
approved SES provider.
Monitoring
The state has a responsibility, through the approval and monitoring processes, to ensure that
high-quality services are delivered. The state must develop and implement standards and
techniques for monitoring the quality, performance, and effectiveness of the services offered by
approved SES providers. Such standards and techniques, as well as any findings resulting from
such monitoring, must be publicly reported. These quality control standards and techniques must
be consistent with the initial criteria or Request for Applications developed for identifying potential
providers. The Department has developed an NCLB monitoring process that includes three tiers:
self-evaluation study, desktop verification process, and an onsite monitoring process. Department
staff incorporated a section regarding NCLB school choice in the Department’s Title I, Part A,
work papers. These work papers monitor the compliance by school districts and SES providers in
implementing SES and the fidelity with which a provider’s program is implemented consistently
with the approved application. All school districts and state-approved SES providers must
participate in the Department’s NCLB monitoring process.
Through the application process and the contractual agreement with the local school district,
providers are obligated to adhere to the strict requirements of NCLB in providing tutoring services
structured to improve student achievement. In addition to the state monitoring system, district
contract managers and other district school board personnel may wish to periodically monitor an
SES provider using the Department’s NCLB monitoring work papers for Title I, Part A, NCLB
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School Choice section and the provider’s application as approved by the Department. The
program’s curriculum and instruction may be monitored through a review of lesson plans,
curriculum documents, and instructional materials to determine if the program is implemented
consistent with the approved application. Periodic reviews of students’ PDPAs will indicate
students’ progress toward meeting the stated goals and if services are provided that reflect and
support the students’ PDPAs. It is also important to monitor the frequency and procedures for the
provider informing each student’s parents and the student’s teachers regarding the progress of
the student in improving academic achievement as outlined in the student’s PDPA.
Letter of Intent (See Appendix A for Sample Letter of Intent)
As soon as the state releases the AYP data and announces the list of SES providers approved for
the next school year, school districts must be prepared to initiate the contractual process. It is
recommended that the district contact each provider approved by the state to serve students in
the district, identify district staff responsible for implementing NCLB school choice, and request
the provider to submit a letter of intent agreeing to serve the number of students designated in the
approved application as the minimum number of students the provider applies to serve. The
notification should include a deadline for submitting the letter of intent. As soon as providers
submit their letters of intent, the district should be prepared to forward the contract and begin the
process for obtaining signatures from the provider and approval by the district school board.
Pursuant to CS/CS/SB 772, providers must be able to deliver supplemental educational services
to school districts in which the provider is approved by the state. Providers must be able to
provide services to eligible students no later than October 15 of each school year contingent upon
their receipt of their district-approved student enrollment lists at least 20 days prior to the start
date. In the event that the contract with a provider is signed less than 20 days prior to October
15, the provider shall be afforded no less than 20 days from the date the contract was executed to
begin delivering services. (See Appendix B for copy of CS/CS/SB 772)
If a state-approved provider withdraws from offering services to students in a school district in
which it is approved and in which it has signed either a contract to provide services or a letter of
intent, and the minimum number of students per site set by the provider has been met, the school
district must report the provider to the Department. The provider shall be immediately removed
from the state-approved list for the current school year for that school district. Upon the second
such withdrawal in any school district, the provider shall be ineligible to provide services in the
state in the following year.
Collecting and Reporting Student Data
NCLB provides for parent choice and also requires that school districts report those school
choices via the Department’s Automated Student Database. Accurate recordkeeping is essential
to document district compliance with NCLB and to monitor students’ progress as impacted by
parental choice. The data will also be used to monitor compliance by state-approved SES
providers and to evaluate the quality of their services for students. NCLB requires the
Department to develop, implement, and publicly report on standards and techniques for
monitoring the quality and effectiveness of the services offered by state-approved providers and
for withdrawing approval from providers that fail for two consecutive years to contribute to
increasing the academic proficiency of students receiving supplemental educational services.
It is also important to note that data related to NCLB school choice is used to make federal and
state policy and may be shared with the media upon request. Therefore, it is critical for the district
and the providers to ensure that all data are accurately collected and reported to the state.
13
Providers must report to the district specified student information including subject areas, hours of
contact, and attendance. Districts must be able to track and monitor student enrollment with
specific providers and report that data using Appendix T.
In addition to monitoring efforts by state and school district staff, SES providers are encouraged to
frequently and regularly monitor programs for compliance and quality of instruction and fidelity of
implementation. Although all state-approved SES providers are required to conduct the NCLB
self-evaluation study and submit a report of compliance and any necessary system improvement
plans to the Department on an annual basis, it may be productive for providers to conduct more
frequent monitoring reviews in order to ensure that services provided to students are consistent
with the state-approved application. This may be especially critical for large provider
organizations that provide services at multiple sites. It is important to note that the “state or
corporate office” is responsible for ensuring that services are consistent with the state-approved
application and is held accountable for services provided at the local level. This accountability
model ensures the quality and effectiveness of the services offered by state-approved SES
providers.
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Timeline for Implementation
Date/Timeframe
Major Activity
May
Applicants submitted applications to become a state-approved provider
Florida Department of Education (FLDOE) announces list of state-approved SES
providers for 2006-2007
FLDOE releases AYP results and identifies schools that have not achieved AYP for
three or more years and are required to offer SES to eligible students
School districts receive preliminary per-student allocations from FDOE
June
State-approved provider applications posted on the SES website at
http://www.firn.edu/doe/flbpso
Each school district initiates the contractual process by notifying each state-
approved provider for a return of its agreement or letter of intent to provide services
School districts notify parents of eligible students that they may choose to
participate in NCLB school choice options for choice with transportation or SES
July - September
School district staff and SES providers attend the NCLB School Choice Leadership
Summit in Orlando on July 12-13, 2006
School districts and SES providers complete contracts
School districts notify all parents of eligible students by mail prior to and after the
start of the school year the availability of SES, SES provider information, available
assistance, and an enrollment form
SES providers coordinate with school districts to develop parent outreach such as
provider fairs, PDPAs, background checks, and assignment of students
SES providers hire and train employees and develop infrastructure to serve
students
August 4, 2006
Deadline for school districts to report student data for survey 5
August-October
School districts release student information to SES providers after the intent to
serve agreement and the contract has been completed and parents have selected
their choice of provider for eligible students. School districts must provide SES
providers 20 days from the date the contract was executed to begin delivering
services to eligible students
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By October 15
SES providers begin providing supplemental educational services to students
October 27, 2006
Deadline for school districts to report student data to the Department for survey 2,
week of October 9-13, 2006
Ongoing
December 1, 2006
School districts have SES enrollment forms available to the parents of eligible
students and providers prior to and after the start of the school year
SES providers submit invoices and attendance records for payment
School districts regularly submit complete and accurate data into the Department’s
Automated Student Information System for each student participating in the NCLB
choice options
SES providers submit student’s academic progress reports at regularly scheduled
intervals in an understandable format for each student’s parents, school, and school
district in accordance with PDPA
School districts and SES providers participate in scheduled Department conference
calls
School districts and SES providers participate in monitoring and evaluation
reporting
Deadline for district reporting student data for Survey 9
School districts may apply to the Department for authorization to reallocate unspent
set-aside funding based upon evidence that parents of at least a majority of eligible
students have elected or declined to participate in the NCLB choice options
After January 1,
2007
February 23, 2007
Survey week to report student data for Survey 3
February 5-9, 2007
Deadline for district reporting for survey
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Frequently Asked Questions and Answers
1. When should districts begin the contract process with providers?
District staff should contact providers approved to provide services in their district as soon as
the state-approved provider list is released. Generally, the Department notifies all school
districts regarding the AYP designation for all schools by mid-June of each year. This
notification will identify the Title I schools identified as in need of improvement, corrective
action, or restructuring. District staff may wish to contact providers approved to provide
supplemental educational services in their district as soon as possible following the release of
the approved provider list and the adequate yearly progress status of Title I schools to begin
the contract process between the district and providers.
2. Are districts required to have an agreement or signed contract with each approved
provider in their district?
Yes.
NCLB requires each school district to enter into an agreement or contract with each
provider approved to provide services in the district. For guidance, please refer to Technical
Assistance Paper #BPSO-2006-004, dated July 2006. Briefly, the contract must:
o
address the development and implementation of the Parent District Provider
Agreement (PDPA)
o
provide for the termination of the agreement if the provider is unable to meet
goals and timetables
o
contain provisions for payments to the provider by the school district
o
prohibit the provider from disclosing any student identifiable information
The contract should also address student attendance/absences, policies relative to the use of
school facilities by providers, and policies and procedures regarding ensuring background
checks and fingerprints for all provider employees who will have direct contact with students.
The contract must be consistent with the information in the provider’s approved application.
3. Most districts require that providers submit invoices before payment can be made. Can
the district require that invoices be received by a certain date for payment to be made?
Yes. The contract is intended to outline requirements relating to the expectation of payment.
The exact procedures for submitting invoices or other paperwork to receive payment for
services is determined by each school district’s policies and procedures of the district’s
business office.
4. Is it necessary to include confidentiality requirements related to student information in
the contract between the district and SES provider?
Yes. NCLB prohibits an SES provider from disclosing the identity of any student
eligible for or
receiving SES without written permission of the student’s parents. Furthermore, federal law
(Family Educational Rights and Privacy Act) addresses specific protection for students’ and
their parents related to the information contained in students’ records and reports. Personally
identifiable information cannot be shared without written consent of a student’s parents. It is
critical to ensure that the contract specify the process for securing student records and the
consequences for non-compliance.
17
5. Should the contract include specific language regarding student assessments including
timelines and procedures for conducting the assessments?
Yes. Student assessments must be conducted in order to diagnose and identify students’
academic deficiencies in order to develop the students’ PDPAs to effectively focus instruction
on targeted deficiencies. Providers must schedule time with parents and students to conduct
the assessments and develop the PDPAs. Addressing this issue in the contract will ensure
mutually agreed upon timelines and expectations for the development of PDPAs and the
commencement of services to students. It is also recommended to clarify that providers
calculate the costs for conducting the assessments of students and the development of the
PDPA in their stated rates and, therefore, will not be allowed to bill the district for these
services.
6. Will a provider be allowed to invoice a school district for the time to conduct a
diagnostic assessment and develop the PDPA for a student?
No. A provider will not be able to directly bill the school district for conducting a diagnostic
assessment of a student. The provider will be paid for the assessment and the
development of the PDPA by including the cost and expense of doing so in the stated rate
for tutoring. Approved providers are required to provide a stated rate per hour.
Considerations that must be used in determining that rate include the cost of developing
the PDPAs, including all assessment and evaluation costs that precede any tutoring
sessions.
7. Is a school district responsible for providing transportation for students to the service
provider?
No. School districts are not required to provide transportation to or from supplemental
educational services. Services may be provided in a student's school or at another location. A
school district may enter into an agreement with a provider for transportation services. If a
school district pays for transportation to service providers, the transportation costs may not be
used to satisfy federal minimum expenditure requirements.
8. How long should the district provide supplemental educational services to eligible
students and are summer sessions included?
The school district must provide supplemental educational services to a student receiving such
services until the end of the school year in which such services were first received or until the
per-pupil allocation is expended for that student. The school district is required to make
supplemental educational services available to eligible students on an annual basis until the
Title I school in which the student is enrolled makes adequate yearly progress for two
consecutive years. Depending on the amount of available funds, school districts may offer
SES to eligible students during the summer.
9. Is a district permitted to determine charges for use of school facilities based on the type
of group or organization using the facilities?
Yes. However, the district policies related to the use of school facilities by SES providers must
be consistent with fees charged to other community groups.
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10. Can the school district determine timelines for contract approval and when services
begin?
Yes. School districts have the authority to set timelines that providers are required to meet,
such as signing contracts, completing background checks, and submitting invoices and other
reports. Timelines must be reasonable. If a provider is unable to meet the timelines, the
district has the authority to reassign students to another provider based on parents’ second or
third choices. Districts also have the authority to require providers to begin providing services
to students within a specified reasonable time following the signed contract or the students
assigned to the provider will be reassigned to another provider.
11. Should the contract address the roles of the provider and the district in the monitoring
process?
Yes. The written agreement is the best opportunity to clarify responsibilities and
accountability. Providers and districts may be asked by the Department to complete a self
evaluation. In addition, the Department may conduct onsite monitoring visits. Throughout the
year, districts may also be asked by the Department to provide data and information regarding
provider performance and compliance with NCLB and Florida law. Districts are encouraged
to conduct onsite visits to the tutoring sites throughout the year and observe the services in
progress. The contract should include any policies relating to access to the SES program for
periodic monitoring of students’ instructional program and review of students’ progress.
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Appendix A
Sample Letter of Intent
Sample Letter of Intent
June XX, 2006
Dear Supplemental Educational Service Provider:
In order to facilitate the process of offering and providing supplemental educational services
(SES) to our students this year and to comply with state and federal requirements, we would like
to provide information that will assist you and your staff with the implementation of SES for the
2006-2007 school year. For the 2006-2007 school year, xxx schools in our district have been
identified as not making Adequate Yearly Progress (AYP) for three or more consecutive years and
are required to offer SES to all eligible students. Please find below (or attached) a list of the
schools, the level of the schools, and the number of eligible students at each school:
*
*
*
We plan to schedule a series of Provider Fairs at the school sites in (dates/locations) and provide
opportunities for you to share information regarding your services to students. You are strongly
encouraged to attend the Provider Fairs.
Our per-pupil allocation for 2006-2007 will be _____. Based on the amount of the required 20
percent set aside and our district’s per-pupil allocation, we will be able to provide SES for
approximately ___ students. (Facilities will be available at each school site for a $xxx per day
rental fee. Include district policies regarding computer accessibility and internet access)
We ask that you complete and submit the attached Letter of Intent to our office on or before ____
to serve the number of students per your approved application. If the school district provides
student enrollment that is less than the minimum number that stated in your application, then you
may cancel this intent and contract; or negotiate with the district if you agree to serve those
students. Upon receipt of your letter, we will forward a copy of our district contract for your review
and consideration. All correspondence after _____ will be directed to those providers who return
the form indicating their intent to provide services to students in our district for the 2006-2007
school year.
Please plan to join us on -------- at ------- to obtain additional information that will assist you in
implementing your program this year. I look forward to our collaborative partnership and to
ensuring effective instructional support for our students. If you have questions or need additional
information, please contact ________ at _______________.
Sincerely,
21
______ County Schools
Supplemental Educational Services
2006-2007
Letter of Intent
Name of Provider:______________________________________________________________
Name of Contact Person:________________________________________________________
Address:_______________________________________________________________
______________________________________________________________________
Telephone:____________________________________
FAX:_________________________________________
e-mail:________________________________________
Representative(s) from your organization attending the meeting on -------------.
Name:_____________________________ Title:_____________________________
Name:_____________________________ Title:_____________________________
Name:_____________________________ Title:_____________________________
Please Check One:
Our organization intends to offer Supplemental Educational Services to xxx County
Schools for the 2006-2007 school year.
Our organization is unable to offer Supplemental Educational Services to xxx County
Schools for the 2006-2007 school year.
_____________________________________________
Authorized Provider Contact (please print)
_____________________________________________
Authorized Provider Signature
_____________________________________________
Date
Return by _____to:
_________
___________________
____________________
____________________
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Appendix B
CS/CS for Senate Bill 772
Section 15
SB 772 ENROLLED (Section 15)
2006 Legislature CS for CS for SB 772, 2nd Engrossed
;
Authorizes incentives for student performance or attendance, and
;
Establishes responsibilities of school districts and supplemental educational services
providers.
;
Provides requirements for school district and provider compliance, and
;
Provides penalties for noncompliance.
;
Authorizes application for reallocation of funds and provides for appeal, and
;
Authorizes adoption of rules.
Section 15. Supplemental educational services in Title I schools; school district and
provider responsibilities.--
1 (1) INCENTIVES.--
A provider or school district may not provide incentives to entice a student or
a student's parent to choose a provider. After a provider has been chosen, the student may be
awarded incentives for performance or attendance, the total value of which may not exceed $50
per student per year.
(2) RESPONSIBILITIES OF SCHOOL DISTRICT AND PROVIDER.--
(a) School districts must create a streamlined parent enrollment and provider selection process for
supplemental educational services and ensure that the process enables eligible students to begin
receiving supplemental educational services no later than October 15 of each school year.
(b) Supplemental educational services enrollment forms must be made freely available to the
parents of eligible students and providers both prior to and after the start of the school year.
(c) School districts must provide notification to parents of students eligible to receive supplemental
educational services prior to and after the start of the school year. Notification shall include
contact information for state-approved providers as well as the enrollment form, clear instructions,
and timeline for the selection of providers and commencement of services.
(d) State-approved supplemental educational services providers must be able to provide services
to eligible students no later than October 15 of each school year contingent upon their receipt of
their district-approved student enrollment lists at least 20 days prior to the start date.
(e) In the event that the contract with a state-approved provider is signed less than 20 days prior
to October 15, the provider shall be afforded no less than 20 days from the date the contract was
executed to begin delivering services.
(f) A school district must hold open student enrollment for supplemental educational services
unless or until it has obtained a written election to receive or reject services from parents in
accordance with paragraph (3)(a).
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(g) School districts, using the same policies applied to other organizations that have access to
school sites, shall provide access to school facilities to providers that wish to use these sites for
supplemental educational services.
(3) COMPLIANCE; PENALTIES FOR NONCOMPLIANCE.--
(a) Compliance is met when the school district has obtained evidence of reception or rejection of
services from the parents of at least a majority of the students receiving free or reduced-price
lunch in Title I schools that are eligible for parental choice of transportation or supplemental
educational services unless a waiver is granted by the State Board of Education. A waiver shall
only be granted if there is clear and convincing evidence of the district's efforts to secure evidence
of the parent's decision. Requirements for parental election to receive supplemental educational
services shall not exceed the election requirements for the free and reduced-price lunch program.
(b) A provider must be able to deliver supplemental educational services to school districts in
which the provider is approved by the state. If a state-approved provider withdraws from offering
services to students in a school district in which it is approved and in which it has signed
either a contract to provide services or a letter of intent and the minimum per site set by the
provider have been met, the school district must report the provider to the department. The
provider shall be immediately removed from the state-approved list for the current school year for
that school district. Upon the second such withdrawal in any school district, the provider shall be
ineligible to provide services in the state the following year.
(4) REALLOCATION OF FUNDS
.--If a school district has not spent the required supplemental
educational services set-aside funding, the district may apply to the Department of Education after
January 1 for authorization to reallocate the funds. If the Commissioner of Education does not
approve the reallocation of funds, the district may appeal to the State Board of Education. The
State Board of Education must consider the appeal within 60 days of its receipt and the decision
of the state board shall be final.
(5) RULES.--
The State Board of Education may adopt rules pursuant to ss. 120.536(1) and
120.54, Florida Statutes, to implement the provisions of this section and may enforce
the provisions of this section pursuant to s. 1008.32, Florida Statutes.
25